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Legal Categorization of 'Transgender'

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Legal Categorization of 'Transgender'

Legal Categorization of 'Transgender'

An Analysis of Statutory Interpretation of 'Sex', 'Man', and 'Woman' in Transgender Jurisprudence
Kimberly Tao , The Hong Kong Polytechnic University
March 2024
Hardback
9781009494397

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    Description

    This Element analyzes the foundational frame of legal reasoning when courts interpret the 'plain language' and 'ordinary meaning' of terms such as 'sex', 'man' and 'woman'. There is a rich and complicated line of cases on how to define these terms and how to legally categorize transgender people. When dealing with different legal issues, judges need to give a clear 'yes' or 'no', determinate answer to a legal question. Marginal categorizations could be problematic even for experts. It analyses nine decisions that relate to transgender people's workplace protection under Title VII in United States and the right to marry in United Kingdom and Hong Kong. It brings in a historical discussion of the development of interpretative practices of law and legal categorization of transgender individuals across past decades, drawing on the intricate relationship between time and statutory interpretation.

    Product details

    March 2024
    Hardback
    9781009494397
    70 pages
    235 × 160 × 10 mm
    0.251kg
    Available

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    Contents

    Table of Contents

    • 1. Introduction
    • 2. Intellectual Background
    • 3. Legal Categorization and Definition of the Term 'Sex' in Title VII
    • 4. Statutory Interpretations of 'Man' and 'Woman' in Marriage Law
    • 5. Conclusion
    • References.
      • Show more

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    • Kimberly Tao , The Hong Kong Polytechnic University
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